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16-557 - Gunn v. City of Montgomery, Alabama et al (JOINT ASSIGN)(MAG2)


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16-557 - Gunn v. City of Montgomery, Alabama et al (JOINT ASSIGN)(MAG2)
March 2, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that Defendants' Motion to Dismiss (Doc. 20) be GRANTED-IN-PART and DENIED-IN-PART. In particular, Defendants' motion to dismiss Plaintiff's claims in her individual capacity against Chief Finley and the City of Montgomery should be GRANTED and those claims should be DISMISSED with prejudice due to Plaintiff's lack of standing in her individual capacity. In all other respects, Defendant's motion should be DENIED. Objections to R&R due by 3/15/2017. Signed by Honorable Judge Wallace Capel, Jr on 3/2/2017. (kh, )
March 24, 2017
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ORDERED as follows: 1) Plf Nellie Ruth Gunn's 44 objection is OVERRULED; 2) The 41 Recommendation of the Magistrate Judge is ADOPTED; 3) Dfts' 20 Motion to Dismiss is GRANTED IN PART as to Plf Nellie Ruth Gunn's individual capacity 1983 claims; In all other respects, the 20 Motion to Dismiss is DENIED; 4) Plf Nellie Ruth Gunn's 1983 claims for damages personal to her are DISMISSED; 5) This case is REFERRED back to the Magistrate Judge for further proceedings on Plf Nellie Ruth Gunn's remaining claims (i.e., her representative capacity 1983 claims and her state law claims). Signed by Chief Judge William Keith Watkins on 3/24/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
January 24, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge hereby RECOMMENDS that Dft's 42 Motion to Dismiss be GRANTED-IN-PART and DENIED-IN-PART; In particular, Dft's motion to dismiss Plf's claims in her individual capacity against Dft Smith should be GRANTED and those claims should be DISMISSED with prejudice due to Plf's lack of any constitutional right in her continued familial relation with her adult son; In all other respects, Dft's motion should be DENIED; Objections to R&R due by 2/7/2018. Signed by Honorable Judge Wallace Capel, Jr on 1/24/2018. (alm, )
April 11, 2018
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MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The 56 objection of Dft Finley and City of Montgomery is OVERRULED; 2) Dft Smith's 57 objection is OVERRULED; 3) Plf Nellie Ruth Gunn's 58 objection is OVERRULED; 4) The 55 Recommendation of the Magistrate Judge is ADOPTED; 5) Dft Smith's 42 motion to dismiss is GRANTED as to Plf Nellie Ruth Gunn's individual-capacity 1983 claims against Dft Smith for damages personal to her; In all other respects, Dft Smith's 42 motion to dismiss is DENIED; 6) Plf Nellie Ruth Gunn's individual capacity 1983 claims against Dft Smith for damages personal to her are DISMISSED; 7) This case is REFERRED back to the Magistrate Judge for further proceedings on Plf Nellie Ruth Gunn's remaining claims (i.e., her representative capacity 1983 claims and her state law claims). Signed by Chief Judge William Keith Watkins on 4/11/2018. (alm, )